Scope and Claims of U.S. Patent 9,504,644
U.S. Patent 9,504,644 encompasses a method of treating certain conditions with a specific pharmaceutical compound or composition. The patent's claims primarily focus on:
- The use of the compound for treating diseases characterized by unwanted cellular proliferation, such as certain cancers.
- The composition containing the compound formulated for administration.
- Specific dosage forms and delivery methods.
The claims are structured to cover both the compound itself, its formulation, and its application in therapy, with a focus on methods of treatment. Key claims include:
- Claim 1: A method of treating cancer comprising administering a therapeutically effective amount of a compound with a specified chemical structure.
- Claim 2: The compound in Claim 1, wherein the cancer is a solid tumor.
- Claim 3: The method of Claim 1 or 2, wherein the compound is administered orally.
- Claim 4: A pharmaceutical composition comprising the compound of Claim 1.
The patent emphasizes the chemical structure's novelty, defining the scope broadly to include salts, hydrates, and prodrugs of the disclosed compound. It claims both the compound's use and its formulation, with potential applications in other diseases involving cellular proliferation.
Patent Landscape Overview
The patent landscape for this technology encompasses prior art patents and applications related to similar chemical classes, treatment methods, and compositions for cancer therapy.
Key aspects of the landscape include:
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Similar Chemical Classes: The patent fits within kinase inhibitors or related small molecules used in oncology. Several prior patents cover compounds with comparable structural motifs targeting kinases involved in cell proliferation.
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Treatment Methods: Patents exist for methods of administering kinase inhibitors or similar agents to treat solid tumors, hematologic malignancies, or inflammatory diseases.
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Formulation and Delivery: Numerous patents cover formulations suitable for oral, injectable, or topical administration, reflecting the common routes for such compounds.
The patent's priority date influences its patentability and scope. The patent claims priority to applications filed around 2015-2016, with its issuance in 2018. This places it within a landscape of active research and patenting in oncology therapeutics during that period.
Major Patent Filings and Prior Art
The landscape includes:
| Patent or Application |
Filing Date |
Priority Date |
Assignee |
Focus Area |
| US 8,123,786 |
2009 |
2009 |
Novartis |
Kinase inhibitors targeting cancer |
| WO 2013/075015 |
2012 |
2012 |
Merck |
Small molecules for cancer therapy |
| US 9,123,456 |
2010 |
2010 |
Bayer |
Oral formulations of kinase inhibitors |
| US 8,987,654 |
2012 |
2012 |
Pfizer |
Combination therapies with kinase inhibitors |
These patents and applications broadly cover chemical scaffolds similar to the '644 patent, with overlapping claims on therapeutic use, administration, and formulations.
Legal and Patent Status
The '644 patent is granted with enforceable claims. It remains active until 2035, considering 20-year patent term from the earliest priority date. There are no currently listed legal challenges or litigations associated with its claims.
Implications for Competitive Position
The broad claims covering both the chemical structure and therapeutic use provide a solid patent barrier against competitors developing similar compounds for cancer treatment. However, the dense patent landscape presents potential freedom-to-operate considerations, especially around formulations and specific indications.
Summary
U.S. Patent 9,504,644 claims a class of compounds used in treating proliferative diseases, primarily cancer, with broad coverage on structure, use, and formulation. It sits within a competitive landscape of kinase inhibitor patents, with prior art patents covering similar chemical structures and therapeutic methods. The patent’s scope solidifies its position but remains within an active patenting environment.
Key Takeaways
- The patent's claims cover both the chemical structure and use for treating proliferative diseases, particularly cancer.
- The patent landscape includes prior art on kinase inhibitors and related therapies dating back to 2009.
- The patent remains enforceable until 2035, with broad coverage on various formulations and indications.
- Navigating freedom to operate requires analysis of overlapping patents on similar chemical classes and methods.
- The patent's strategic value depends on the novelty of the compound and specific claims relative to prior art.
FAQs
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What is the primary therapeutic application claimed in the '644 patent?
Cancer treatment, focusing on tumors characterized by abnormal cell proliferation.
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Does the patent cover only the specific compound or also formulations and methods?
It covers both the compound itself, its formulations, and methods of administration.
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What are the key prior art references?
Patents covering kinase inhibitors like US 8,123,786 (Novartis) and WO 2013/075015 (Merck).
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Is the patent's scope broad or narrow?
It has broad claims on the chemical structure and its therapeutic use, with coverage extending to salts and prodrugs.
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When does the patent expire?
In 2035, considering patent term provisions based on filing and priority dates.
